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2019 Supreme(Guj) 1070

A.P.THAKER
State of Gujarat – Appellant
Versus
Doliben Govindbhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dharmesh Devnani, APP (2)
For the Respondent: Mr. D. P. Kinariwala(410)

JUDGMENT :

1. Being aggrieved and dissatisfied with the order of acquittal dated 19.10.2005 passed by learned Special Judge, Fast Track Court No.4, Jamnagar, in Special Case No.3 of 1995, the State has preferred this appeal under Section 378 (1) (3) of the Code of Criminal Procedure, 1973.

2. The brief facts of the prosecution case are that the accused were working as Junior Clerk in the office of Sub- Registrar at Jamnagar. That the raiding officer, Shri N.N.Nagar, received private information that some of the employees working in the Marriage Registration Office, Lal Bungalow, Jamnagar, were demanding more money than the fees for getting registration of marriage. Therefore, the police Inspector, ACB, arranged a trap and prepared necessary documents and also got ready one Mukesh Keshavlal Parmar to remain as Punter. Police Inspector, Shri Nagar has summoned two Government employees to remain as panch witnesses. After following necessary procedure, he had handed over currency notes of Rs.150/-, one note of the denomination of Rs.100/- and another of Rs.50/-, which were to be given to the accused in case of demand. Numbers of the notes were mentioned in the preliminary panchnama. That

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